From Casetext: Smarter Legal Research

Desinor v. N.Y. City

Appellate Division of the Supreme Court of New York, Second Department
Nov 14, 2006
34 A.D.3d 521 (N.Y. App. Div. 2006)

Opinion

2005-06232.

November 14, 2006.

In an action to recover damages for personal injuries, the plaintiff appeals from a judgment of the Supreme Court, Queens County (Dye, J.), entered April 11, 2005, which, upon a jury verdict, is in favor of the defendant and against her, dismissing the complaint.

Morton Povman, P.C., Forest Hills, N.Y. (Bruce S. Povman of counsel), for appellant.

Wallace D. Gossett, Brooklyn, N.Y. (Lawrence Heisler of counsel), for respondent.

Before: Santucci, J.P., Krausman, Mastro and Spolzino, JJ., concur.


Ordered that the judgment is affirmed, with costs. "[A]ll litigants, regardless of the merits of their case, are entitled to a fair trial: ` ( Habenicht v R. K. O. Theatres, 23 AD2d 378, 379; see Salzano v City of New York, 22 AD2d 656). "Inevitably a trial court sets the pattern for the jury" ( Livant v Adams, 17 AD2d 784). A trial judge should "`at all times maintain an impartial attitude and exercise a high degree of patience and forbearance'" ( Salzano v City of New York, supra at 657, quoting Buckley v 2570 Broadway Corp., 12 AD2d 473). A jury should be given an opportunity to consider the issues in "a fair, calm and unprejudiced manner" ( Salzano v City of New York, supra at 656; see Perkins v New York Racing Assn., 51 AD2d 585). Here, while we agree that some of the trial judge's remarks were improper, reversal of the judgment is not warranted as the remarks did not divert the jurors' attention from the issues to be determined with respect to liability or deprive the plaintiff of a fair trial ( cf. Pickering v Lehrer, McGovern, Bovis, Inc., 25 AD3d 677; Vazquez v Costco Cos., Inc., 17 AD3d 350; Matter of Travelers Indem. Co. v Mohammed, 14 AD3d 710; Ougourlian v New York City Health Hosps. Corp., 5 AD3d 644).

The plaintiff's remaining contentions are without merit.


Summaries of

Desinor v. N.Y. City

Appellate Division of the Supreme Court of New York, Second Department
Nov 14, 2006
34 A.D.3d 521 (N.Y. App. Div. 2006)
Case details for

Desinor v. N.Y. City

Case Details

Full title:MARJORIE DESINOR, Appellant, v. NEW YORK CITY TRANSIT AUTHORITY, Respondent

Court:Appellate Division of the Supreme Court of New York, Second Department

Date published: Nov 14, 2006

Citations

34 A.D.3d 521 (N.Y. App. Div. 2006)
2006 N.Y. Slip Op. 8206
823 N.Y.S.2d 680

Citing Cases

Rodriguez v. City of New York

" These statements, taken together with certain other comments made by the trial court, evince a course of…

Desinor v. N.Y. City Tr. Auth

September 9, 2008. Appeal from the 2d Dept: 34 AD3d 521. Motions For Leave to Appeal…